Chaffin v. State

District Court of Appeal of Florida

Decided December 31, 1985

District Court of Appeal of Florida · decided 1985-12-31

Relies on 444 So. 2d 947 - Jenkins v. State · 477 So. 2d 1088 - Pilla v. State · 468 So. 2d 470 - Hayes v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-12-31

How this case has been cited

Cited by 8 later decisions — most recently February 2008

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1The trial court used three prior uncoun-seled misdemeanor convictions in calculating the sentencing guidelines scoresheet, causing appellant’s score to be aggravated one cell. This was impermissible. Pilla v. State, 477 So.2d 1088 (Fla. 4th DCA 1983), and Hayes v. State, 468 So.2d 470 (Fla. 4th DCA 1985). We reverse and remand for resentencing.

¶2We further reverse the imposition of costs and remand for reconsideration and a proper determination. Jenkins v. State, 444 So.2d 947 (Fla.1984), and Lawson v. State, 470 So.2d 109 (Fla. 4th DCA 1985).

¶3Reversed and Remanded.

DOWNEY and WALDEN, JJ., and WES-SEL, JOHN D., Associate Judge, concur.